Research On The System Of Expert Assistants In Criminal Proceedings

An expert is a person who has expertise in one area and can analyze his or her professional knowledge.He is different from the appraiser and the witness,who,after receiving the request from the party concerned,under the conditions permitted by the court,The identity of the person involved in the proceedings,to assist the judge and the litigants to explain the professional facts in the case and to bring professional advice to the person.Increasing the support of experts in criminal law can reduce the bias of the parties and the defenders to provide evidence to the investigating authorities,help the judges to better consider the case,improve the efficiency of the trial,get rid of professional and technical barriers,but also help to make up for the identification system insufficient.The lack of practical basis for the expert support system in our country,the increasing number of cases in the civil field to assist the experts in assisting the trial of cases,but the number of experts who have applied for expert assistance in the criminal areas,especially in the public vision.In recent years,some of the major events of concern to society have shown that the expert support system is playing an increasingly important role from the initial stage of use and today,and their views are increasingly being taken into account.Opinions are helping more cases to restore the most real situation.China until the first time in 2012 only in the Criminal Procedure Law provides a "knowledge of the people",the task of participating in the proceedings is to comment on the views of opinions.The system is not our original and non-emerging system,which is based on the premise of foreign mature legislation,according to local conditions combined with China's existing identification system and judicial practice developed in the theory and practice of many problems,such as access and start mechanismImperfect,litigation status is not clear,the rights and obligations are vague,the legal effect of opinion is not clear,play a limitation.China's current expert support system,should improve the access mechanism and start conditions,a clear expert support must have the level of professional knowledge or qualifications,qualifications and start the main body to clarify the status of their litigation and the legal effect of the proposed,And the introduction of expert support system in the investigation phase.